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Laokritai

(182 words)

Author(s): Thür, Gerhard (Graz)
[German version] (λαοκρίται; laokrítai). Authorized by the king in Ptolemaic Egypt, consisting in each case of three judges of Egyptian ethnic origin taken from the priestly class, before whom the Egyptians (λαός/ laós, the people) could resolve their civil law disputes according to their hereditary law and in the Demotic language. A building ( laokrísion) designated for the laokritai is attested from the Fayûm (PTebtunis 795,9; 2nd cent. BC). An official of Greek nationality ( eisagogeús ) appointed by the central administration acted as the chairman…

Kakotechnion dike

(119 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κακοτεχνιῶν δίκη; kakotechniôn díkē). Action against ‘wheeling and dealing’, in Athens specifically against a legal opponent whose witness had been condemned for giving false testimony ( pseudomartyrias dike ) (Dem. Or. 47,1; 49,56). The proceedings were conducted by the same official who had also conducted the main trial. The person who had called the witness had to pay a fine to the plaintiff. Since, however, the plaintiff had usually already been awarded damages in the lawsuit, it is rather improbable that he was entitled to the kakotechnion dike without further…

Embateuein

(95 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐμβατεύειν; embateúein). In Athens the seizure of immovable objects (even ships, Dem. Or. 33,6) by ‘stepping upon’ them, due to a claim of ownership (law of succession of the son of the house, right of distraint, court judgement). In Egyptian papyri ἐμβαδεία ( embadeía) signified official seizure as the third stage of compulsory acquisition in real estate matters.  Succession, law of Thür, Gerhard (Graz) Bibliography A. Kränzlein, Eigentum und Besitz im griech. Recht, 1963, 94ff.  A. R. W. Harrison, The Law of Athens I, 1968, 156; 272; 283  H.-A. Rupprecht, Einfüh…

Synchoresis

(101 words)

Author(s): Thür, Gerhard (Graz)
[German version] (συγχώρησις/ synchṓrēsis). No later than the end of the 1st cent. BC, the synchoresis had developed as a notarial legal document in Ptolemaic Egypt, originating from the voluntary jurisdiction of the chrematistai and a conciliation of parties in a dispute before the court of chrematistai. It was issued as a regular form of document by the katalogeîon in Alexandria [1] during the Roman period. Thür, Gerhard (Graz) Bibliography S. Allam, Zum Aufkommen der notariellen Urkunde (Syngraphe und Synchoresis) im griechisch-römischen Ägypten, in: Studien zur…

Atimetos agon

(88 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀτίμητος ἀγών; atímētos agṓn). Primarily in Athens, a trial in which the accused could make no counterplea ( Antitimesis) regarding the severity of the penalty. After a guilty finding no further decision was necessary as to the degree of the punishment: the trial was ἀτίμητος, ‘beyond judgement’. The severity of the penalty was already established by the relevant law: in public trials for serious offences it often entailed death or banishment. Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law of Athens II, 1971, 81f.

Pseudomartyrion dike

(513 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ψευδομαρτυριῶν δίκη; pseudomartyriôn díkē), recorded in several Greek legal systems as an 'action for perjury'. Only a person was liable to such an action who had confirmed (generally not on oath) a pre-formulated statement of a litigant before a court ( martyría ), but not one who had denied knowledge of something out of court ( exōmosía ). The opponent in the case was entitled to undertake this private action ( díkē ); the respondent found guilty or the unsuccessful plaintiff in the original trial demanded a financial penalty proportionate to the damages ( blábēs díkē

Horoi

(269 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὅροι; hóroi). Boundary stones marking the boundaries (also called horoi) of political territories, temple districts and properties, public places and private land throughout the entire Greek world. They bore only the inscription hóros, sometimes with more precise additions, and were under the protection of Zeus Horios. Following inter-state arbitration in border disputes [4] and revision of leased temple land [8], commissions of ὁρισταί ( horistaí) often appeared to set the horoi in the site. As the Greek poleis did not have a  land register, horoi also function…

Hierosylia

(114 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἱεροσυλία; hierosylía). In many Greek poleis ‘temple robbery’, removal from a sanctuary of objects consecrated to gods, which has been very broadly construed (e.g. also embezzlement of silver in state minting of coins, Syll.3 530, Dyme in Achaea, soon after 190 BC. [2]). In Athens hierosylia was probably prosecuted in the 5th cent. by   eisangelía , later by a coming under the jurisdiction of the  thesmothetai ἱεροσυλίας γραφή ( hierosylías graphḗ), involving the threat of the death penalty with denial of burial in Attica and financial ruin. Thür, Gerhard (Graz) Bibli…

Apeniautismos

(86 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀπενιαυτισμός; apeniautismós). Absence for a year, penalty of exile, usually for one year, for certain crimes or misdemeanours, in particular manslaughter by criminal negligence (Bekker anecdota 421,20; Suda), which, pronounced by the court, could be in force as φυγή ( phygḗ) for a fixed time, if it was not taken in the strict legal sense, but as a pseudo- phyge (suspension of citizens' rights and duties and automatic reinstatement at the end of the term). Thür, Gerhard (Graz) Bibliography D. M. MacDowell, Athenian Homicide Law, 1963, 122 f.

Katenechyrasia

(226 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κατενεχυρασία; katenechyrasía). Derived from ‘security’ (ἐνέχυρον/ enéchyron, Hypotheke [1] A). The compulsory execution usually carried out privately by the creditor was called katenechyrasia, but more frequently enechyrasía . The most common term, however, was prā́xis (in rare cases eisprā́xis ). In Greece, execution always meant the confiscation and sale of different pieces of the debtor's property, never the entire estate, but (especially in Egypt) it could include the person as well. While the creditor had to proceed privately in the poleis, in Egypt it…

Phyge

(164 words)

Author(s): Thür, Gerhard (Graz)
[German version] (φυγή; phygḗ). Literally 'flight' out of the legal community because of the threat of blood feud, which leads to the condition of 'banishment'. Dracon already intended it for homicide in Athens (end of 7th cent. BC; IG I3 104,11). Later in Greek law it was often tolerated in place of the death sentence (Dem. Or. 23,69) or imposed as a sanction for political crimes, either lifelong ( aeiphygía ) or for set periods of time ( apeniautismós ), in the case of ostrakismos for 10 years; it could be recalled by a popular decision or aídesis (agreement of penance…

Androlepsia

(89 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀνδροληψία; androlēpsía) was in Athenian law an authorization to take the law into one's own hands, conceded by law (only attested in Demosth. 23,82) to relations of an Athenian murdered on Athenian state territory. If the person responsible for the death had made himself inaccessible to the relations of the deceased, they could seize three hostages from among his dependants (interpretation is controversial). Nothing is known of their fate. Unjustified exercise of androlepsia was punished. Thür, Gerhard (Graz) Bibliography B. Bravo, Symposion 1977, ed. J. Modrz…

Syngraphe

(402 words)

Author(s): Thür, Gerhard (Graz)
[German version] (συγγραφή; syngraphḗ) refers to a Greek 'document' in the material sense; regarding the content, it refers to an agreement (sing.), a draft of a law or a call for bids on public buildings or leases (regularly pl., syngraphaí ). In the sense of 'contractual agreement', syngraphe is one of several terms, the other being synállagma , symbólaion, synthḗkē and homología (Poll. 8,140). Only one type of document is referred to as syngraphe in essentially the same way from the 4th cent. BC on into the Roman Period: the private minutes (a stylized, objective …

Diaitetai

(279 words)

Author(s): Thür, Gerhard (Graz)
(διαιτηταί; diaitētaí). [German version] [1] Private arbitrator In Greek law, diaitetai was the general term used for ‘private’ arbitrators, appointed with the agreement of both parties; empowered either to mediate or to settle the dispute in a binding and final decision (Dem. Or. 27,1; 59,47). Frequently, each party nominated an arbitrator assured of their confidence, and these then agreed on the appointment of a third, so that the arbitration was accomplished by a total of three diaitetai. Thür, Gerhard (Graz) [German version] [2] Athenian board for preliminary proceedings …

Diatheke

(1,504 words)

Author(s): Thür, Gerhard (Graz)
(διαθήκη; diathḗkē). [German version] A. Meaning and essence The diatheke represents Greek law's central instrument for testate succession. The word is derived from διατίθεσθαι ( diatíthesthai): the ‘putting aside’ of items of personal possession by the testator for persons who did not belong to the family household (οἶκος, oîkos) and thus could not be legal heirs. Diatheke, somewhat fuzzily translated as ‘testament’, describes the act of disposal itself as well as the associated document. Its purpose was to order the proprietary and family affairs a…

Kakosis

(229 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κάκωσις; kákōsis), literally ‘bad treatment’ of people requiring special assistance. In Athens there were three such groups: 1. parents, 2. orphans, 3. heiresses ( epikleros ), Aristot. Ath. Pol. 56,5. Since the persons affected were not able to defend themselves on their own, every citizen had the opportunity to call the offender to account through graphe , eisangelia or phasis without themselves risking a lawsuit. Whoever refused to support and to house their parents or grandparents (including adoptive parents), stru…

Aidesis

(89 words)

Author(s): Thür, Gerhard (Graz)
[German version] (αἴδεσις; aídesis). At the time of Draco (before 600 BC) a contract concluded between the dependants of an intentionally or unintentionally killed person and the person responsible for the death, probably affirmed by an oath, on ending the dispute by paying the wergild (IG I3 104.13; Demosth. 43,57), in the 4th cent. the ex parte pardon granted by the dependants of the person killed by unintentional homicide. Thür, Gerhard (Graz) Bibliography D. M. MacDowell, Athenian Homicide Law, 1963, 123 ff. A. R. W. Harrison, The Law of Athens II, 1971, 78.

Desmoterion

(438 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δεσμωτήριον; desmōtḗrion). In Athens at the market (on location [1]) there was a prison (Dem. Or. 24,208f.) that owed its name to the fetters, δεσμά ( desmá) that were put on the prisoners usually in the form of chains and shackles. The places of detention were not safe from breakouts in other cities either. The supervisory authority, in Athens the Eleven, decided the nature of custody (in chains, permission for visits). Prisoners were always held with others and imprisonment was not imposed as punishment but to secure the accused, condemned and state debtors. The desmote…

Adeia

(75 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἄδεια; ádeia). Generally freedom from fear; juristically freedom from punishment or prosecution, wherein the state waives per se legitimate demands for prosecution. This waiver was declared in Athens by popular edict (Demosth. 24,45; And. 1,77; 1,12; Lys. 13,55; IG I3 52B16; 370,31+33; 370,64, as an exception by council edict (And. 1,15). In papyri also: protection from injustice, discretion, permission, safety. Thür, Gerhard (Graz) Bibliography A.R.W. Harrison, The Law of Athens II, 1971, 199.

Paranoias graphe

(234 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παρανοίας γραφή; paranoías graphḗ). 'legal action on account of insanity'. As in Rome, the squandering of an inheritance (but not of property acquired in other ways) was linked also in Athens to mental instability and led to a procedure for interdiction. For this Plat. Leg. 929d requires also infirmity, old age or an uncommonly violent temperament in addition to profligacy. Athenian law provided for a public action against the spendthrift ( graphḗ [1]) (Aristot. Ath. pol. 56,6), which was normally raised by a relative entitled to …

Amblosis

(72 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἄμβλοσις; ámblosis).  Abortion, recommended by Plat. Pol. 461c and Aristot. Pol. 1335 b 25 under certain circumstances, besides abandonment of the newborn, but regarded in Greece in general opinion as reprehensible (Hippoc. 4,630,9 f.). However, there is no evidence of amblosis as a punishable offence in the area of either Greek or (see, however, Cic. Clu. 32) Graeco-Egyptian law.  Abortio;  Abortion Thür, Gerhard (Graz) Bibliography E. Cantarella, L'ambigno malanno, 21985, 66 f.

Legal koine

(401 words)

Author(s): Thür, Gerhard (Graz)
[German version] As with the koine in Greek historical linguistics, legal koine (LK) refers to a phenomenon of Hellenism analyzed by legal history after the event: the spontaneous merging of various Greek legal concepts, especially in Ptolemaic Egypt. Institutions of different poleis ( Polis) blended there in the legal world through the mingling of elements of the Greek population among each other [4. 140] without the authorities working towards unity (in this way also in [3. 50 f.]). As examples…

Biaion dike

(91 words)

Author(s): Thür, Gerhard (Graz)
[German version] (βιαίων δίκη; biaíōn díkē). A private action that could be brought in Athens against robbery, rape of a free person (male or female), or abduction of a free person for the purpose of illicit sexual relations. In the 6th cent. BC Solon had established a monetary fine for this offence; later, on grounds of public interest, the fine paid to the injured party was accompanied by one of the same amount to the state. Thür, Gerhard (Graz) Bibliography D. Cohen, Law, violence, and community in classical Athens, 1995.

Zweckverfügung

(347 words)

Author(s): Thür, Gerhard (Graz)
[German version] A term used in modern scholarship, from Ancient Greek law. Hans Julius Wolff (1902-1983; obituary [4]) discovered in the contract law of the Greek poleis and Hellenism a fundamental doctrinal concept, which departs in essential respects from modern conceptions modelled on Roman law: it is not the consensus between the parties to an agreement that creates the right to claim on the part of the 'creditor' and the liability on the part of the 'debtor', but, indirectly, the felony of injury (βλάβη/ blábē) against the creditor’s assets occasioned by the debtor’s beha…

Asylia

(128 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀσυλία; asylía). Protection of persons and things, at first within the sanctified precincts of the ἱερὸν ἄσυλον ( hieròn ásylon). The foreigner, ξένος ( xénos), was in especial need of asylia because he was subject to another legal jurisdiction, and had to obtain legal protection in the host country in order to be safe from violent attack. In this connection cf. the bilateral agreement between Oeanthea and Chalium in c. 450 BC [1; 2]. It is possible that all secular asylia and even the μετοικία ( metoikía) had their origins in the sacral asylia. [3; 4]. Thür, Gerhard (Gra…

Hedna

(125 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἕδνα/ hédna, ep. ἔεδνα/ éedna). Common only in the collective plural, in Homer they are the bridegroom's  presents to the bride's father (idea of the ‘purchase marriage’) or to the bride herself (similar to the Germanic jointure). Differently to Hom. Od. 1,277 and 2,196: endowing of the bride by her father (related to the   parápherna or the   phernḗ ), sometimes also to be interpreted as a ‘dowry’ (  proíx ). Unclear: Od. 2,53 (verb); Il. 13,382 (deverbative noun). Presumably, the hedna is based on the archaic idea of arranging social relationships by means o…

Pherne

(333 words)

Author(s): Thür, Gerhard (Graz)
[German version] (φερνή; phernḗ). Movable goods brought by the wife into the marriage as 'dowry' (φέρειν, phérein), were known throughout the Greek world as pherne. The pherne needs to be distinguished from the προίξ ( proíx ), i.e. the dowry mainly comprised of plots of land and slaves, which was common in the Greek poleis. The lines between these concepts were blurred through the valuation of the ammount to be returned in terms of money, though the two terms cannot be regarded as synonyms [1. 2040f.]. Classical Greek authors used the term pherne only when referring to mythical and n…

Endeixis

(163 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἔνδειξις; éndeixis). Literally ‘charge’: in Athens the endeixis was a special form of public intervention by a private person that resulted in the immediate arrest of the accused or an order for a material surety by the head of the court (the ‘Eleven ’, the Árchōn Basileús or the thesmothétai;  archontes). It was permissible against persons (state debtors, exiles and átimoi ( atimia) who visited places (their home town, the public assembly, council, courts, sanctuaries, the market) that they were forbidden to visit by law or popular resol…

Dialysis

(187 words)

Author(s): Thür, Gerhard (Graz)
(διάλυσις; diálysis). [German version] [1] Procedural law The procedural law of the Greek states was based on the principle of the reconciliation of both parties involved (διαλύειν, dialýein). Only after the failure of that step a formal verdict was to decide on the matter. Dialysis proceedings thus constituted the first procedural step in ‘preliminary proceedings’, irrespective of whether heard by a magistrate (  anákrisis ) or by public or private   diaitētaí , in international arbitration or in proceedings heard by ‘foreign judges’ called from one or more cities to decide on a case. T…

Agamiou dike

(139 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀγαμίου δίκη; agamíou díkē). In Sparta a criminal action which could be raised by anyone against someone who after reaching a certain age had not married (Plut. Lyc. 15). By means of this action an indirect compulsion to marry was exercised, as the transgressor was threatened with partial cancellation of citizen's rights. The charge may have occurred elsewhere in the domain of Doric law (cf. Str. 10,482), but there is no evidence of it in Athens. If Plato's intention (Lg. 721b; 774a…

Sitou dike

(165 words)

Author(s): Thür, Gerhard (Graz)
[German version] (σίτου δίκη; sítou dík ē). Literally a 'claim' for maintenance in the form of 'grain' or 'bread'. In ancient Athens, a man who, after engýēsis (establishment of husband's rights) but before cohabitation ( ékdosis [1]) with the woman concerned, had already received the dowry ( proíx ), or retained the dowry after dissolution of the marriage, had to pay the woman annual maintenance amounting to 18 % of the value of the dowry (1.5 % per month). The kýrios ('head of household') might levy sitou dike for a woman in his charge, or take up δίκη προικός ( díkē proikós, 'dowry procee…

Katakremnismos

(85 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κατακρημνισμός; katakrēmnismós). Archaic form of capital punishment by throwing the victim from a rock (at Athens into the Barathron, at Delphi - because of hierosylía - from the Hyampic Rock, in Sparta into the Caeadas). Later denounced as particularly cruel. The punishment by katakremnismos was regarded as a cultic sacrifice; if the victim survived the fall, he was exempt from further punishment. Thür, Gerhard (Graz) Bibliography G. Thür, Die Todesstrafe im Blutprozeß Athens, in: The Journ. of Juristic Papyrology 20, 1990, 143-155.

Anadikia

(132 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀναδικία; anadikía). The principle that a case decided by a court could not again be the subject of a court case (for Athens Demosth. 24,54) was breached in individual cases in Greek law. In default proceedings and in some cases after a successful action for false witness, δίκη ψευδομαρτυρίων ( Pseudomartyrian dike), it was possible to open new proceedings, anadikia. According to a scholion to Pl. Leg. 937d this concerns cases on citizens' rights, testimony litigation itself and inheritance suits. Plato, in contrast to the law of Athens, generally envisages anadikia

Dikazein

(182 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δικάζειν; dikázein). The word (approximately: ‘to exercise a right’) is associated with the ending of a dispute with a sentence. Whether the sentence was originally passed by an ‘arbitrator’ who was consensually appointed by both parties is highly questionable. Rather, dikazein in the early period was the activity of a council of elders or of an official (  dikastḗs ) that was at least rudimentarily provided with state authority. In what form this dikazein would occur is also uncertain: either an official decided in the matter on his own or a formal p…

Kakegoria

(166 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κακηγορία; kakēgoría), verbal insult, an offence in Athens since the period of Solon (6th cent. BC). Deceased persons were always protected, living persons only in the case of defamation in public (Plut. Solon 21; Dem. Or. 20,104). The insulted person could file a private complaint ( dike), but had to share the compensation fine with the state. In the 4th cent. BC, all prohibited insults were recorded on a list (e.g. murder, striking the parents, throwing away the shield), but the…

Enktesis

(119 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Ἔγκτησις; Énktēsis). In the Greek states the acquisition of property was reserved to citizens. Individual foreigners were granted the privilege of énktesis, the right to acquire ‘land’ or ‘a house’ (or both) by a popular resolution. In Athens some   métoikoi were thus provided, generally perhaps the   isoteleís . In the Doric area the term ἔμπασις/ἴμπασις ( émpasis/ ímpasis) was used instead of enktesis. Thür, Gerhard (Graz) Bibliography J. Pečirka, The Formula for the Grant of E. in Attic Inscriptions, 1966  A. R. W. Harrison, The Law of Athens I, 1968, 237f.  A. S. H…

Homologia

(313 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὁμολογία; homología), literally ‘speaking the same way’, describes in Greek colloquial language simple oral consent or agreement. In the legal sense homologia was soon also used for written agreements (  syngraphḗ ,   synthḗkē ). The legal connection with the homologia originated, as can be seen in Athens, in the preliminary procedural concession of individual assertions of the opponent. In the preliminary procedure (  anákrisis , see   diaitētaí [2]) the parties had the duty to answer each other's questions (Dem. Or. 46,10). Answering such a que…

Proeisphora

(133 words)

Author(s): Thür, Gerhard (Graz)
[German version] (προεισφορά/ proeisphorá, 'property tax advance'). Because the eisphorá ('property tax') in Athens yielded necessary funds too slowly in times of crisis, a liturgy [I B] to 'give an advance' as a proeisphorá on the whole of the sum to be raised, without interest, was imposed (presumably before 362 BC) on the 300 richest citizens of the city. Deducting their own contributions, they could at their own risk collect the proeisphorá from fellow members of their symmoría (tax bracket). The proeisphorá is attested also of other  democratic poleis  (e.g., Priene and Lindus…

Athenian law

(1,195 words)

Author(s): Thür, Gerhard (Graz)
[German version] A. Definition and sources Strictly speaking, the correct term is ‘Athenian law’ (AL), because ‘Attic’ designates the landscape, dialect, art and culture, while Athens, by contrast, refers to the polis and the state; but in German scholarship the designation ‘Attic law’ has been used since the beginning of the 19th cent. when philologists and jurists occupied themselves increasingly with investigating the trials and law of Athens after the issuance of a prize question by the Royal Aca…

Kleter

(192 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κλητήρ; klētḗr). On the basis of the word, a person who has to do with the summons to legal proceedings ( klḗsis, prósklesis ). 1. In the Delian League, state-appointed klētḗres summoned people to legal proceedings that were held in conjunction with the tributes (IG I3 21,42 and 68,48/49: 426/5 BC; 71,39: 425/4 BC). 2. In civil proceedings the summons were a matter for the plaintiff. In Athens two klētḗres were as a rule consulted in this regard (detailed regulation outlined in Pl. Leg. 846c) whose names were noted on the statement of claim. If th…

Hypoboles graphe

(89 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὑποβολῆς γραφή; hypobolês graphé). Civil suit against a person who was passed off as the child of a citizen. Such false children, usually bought as slaves, are frequently mentioned in Attic court speeches and  comedies: childless women attempted to consolidate their position in the household in this manner, but hypoboles graphe is only known from the Lexica Segueriana V [2]. The penalty for being a false child was being sold into slavery. Thür, Gerhard (Graz) Bibliography 1 I. Bekker (ed.), Anecdota Graeca I, 1814/1865, 311 2 Lipsius, 417.

Hyperocha

(263 words)

Author(s): Thür, Gerhard (Graz)
[German version] Literally ‘surplus’ (τὰ ὑπέροχα, tà hypérocha, or ἡ ὑπεροχή, hē hyperochḗ), technically it designates the extra value by which the value of the secured object exceeds the amount of the secured debt, Latin superfluum. As the Greek pledge is to be understood strictly as a lapsed pledge (cf.   hypothḗkē ), it necessitated special contractual or judicial regulations if the extra value was intended to serve as security for a further creditor or return to the security debtor following sale of the security. Multiple m…

Doron graphe

(159 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Δώρων γραφή; Dṓrōn graphḗ) . In Athens, the charge of corruptibility (Poll. 8,42), also including the corruptibility of a judge. Active bribery in connection with jurisdiction was prosecuted with   dekasmoû graphḗ . The offence consisted in presents given to, and accepted by, officials, among whom the lawyers in public and private trials were also counted (Dem. Or. 46,26), to the detriment of the state (Lys. 21,22: ἐπὶ τῆς πόλεως κακῷ; Dem. Or. 21,113: ἐπὶ βλάβῃ τοῦ δήμου). The charge was filed in lighter cases with the   logistaí , in graver cases with the   thesmothêtai

Eranos

(210 words)

Author(s): Thür, Gerhard (Graz)
(ἔρανος; éranos). Etymology uncertain; the word originally meant ‘a meal for friends’ (Hom. Od., Pind.). The cost was borne in common by the participants. Collections made among friends in order to present a gift to one of them were also called éranoi; to give gifts in return was merely customary, not a statutory obligation (Theophr. Char. 17,9). Two legal institutions developed on this basis: [German version] [1] Collective fund A kind of collective wealth. Funds ( eisphoraí) collected by a group of individuals ( plērōtaí, Dem. Or. 21,184f.) were applied to a particular purpos…

Hypomosia

(159 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὑπωμοσία; hypōmosía). In Athens there were two types of sworn statements: 1. in the court proceeding one party could apply in person or through a representative for sojournment (Dem. Or. 48,25f.; schol. Dem. Or. 21,84) if there was significant cause, such as travel or funerary duties. The opponent was able to dispute this with a ἀντωμοσία ( antōmosía, counter-oath). 2. If an application was deliberated in the council (  boulḗ ) or the popular assembly (  ekklēsía ), every citizen was able to declare through a hypomosia that he would bring a suit against the applic…

Klope

(317 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κλοπή; klopḗ). Theft, misappropriation and receiving stolen goods. Robbery, misappropriation of temple property ( hierosylía ) on the one hand and pickpocketing by people doing general damage ( balantiotómoi , kakoúrgoi ) on the other hand was distinguished from klopḗ in Athens. Klopḗ of private property could be prosecuted by díkē only by the victim of the theft; a graphḗ on the grounds of klopḗ of state property is unlikely, as there were other processes ( eúthynai , eisangelía ). A thief at night could be killed without incurring punis…

Antitimesis

(102 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀντιτίμησις; antitímēsis). If the law in Athens had not already fixed the penalty in advance in public trials (ἀγῶνες ἀτιμητοί,   atimetos agon), but type and level had been left to the discretion of the court (ἀγῶνες τιμητοί,   timetos agon), the plaintiff had to estimate the suit when the plea was submitted. After being convicted, the defendant could then, in a second hearing on the sentence, file a counter-submission on the level of the sentence ( antitimesis). The judges had to choose between these two submissions for sentence. Thür, Gerhard (Graz) Bibliography A. R.…

Dikasterion

(918 words)

Author(s): Thür, Gerhard (Graz)
(δικαστήριον ; dikastḗrion). A. Athens [German version] 1. Court site There were two types of court sites, those at which homicidal crimes were judged (φονικά, phoniká) and those at which other public or private suits were negotiated. The former, of which there were five, were at the edge of the town for ritual reasons and had no roof to avoid being tarnished by the accused (Antiph. 5,11; Aristot. Ath. Pol. 57,4) while the latter were at the market or in its immediate vicinity. Except for the two largest ones, the Hēliaía (Ἡλιαία) and the site of the   ekklēsía (ἐκκλησία), they had a roof. The pho…

Pseudokleteias graphe

(260 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ψευδοκλητείας γραφή; pseudoklēteías graphḗ). In Athens, the summons to a trial ( prósklēsis ) was conducted privately in the presence of summoning witnesses ( klētḗr ). Anyone who did not appear before the judicial magistrate on the scheduled date despite a properly witnessed summoning was convicted in absentia. If he was able to prove exculpatory reasons, a reopening of the matter ( anadikía ) was possible; if the plaintiff called in false klētḗres, any citizen (see graphḗ ) could prosecute them with PG. The thesmothétai were responsible, the…

Bebaiosis

(234 words)

Author(s): Thür, Gerhard (Graz)
[German version] (βεβαίωσις; bebaíōsis). In legal transactions involving the transfer of possession of an object, i.e. purchase contracts [4. 115f.], contracts governing transfer of use (μισθώσεις, misthṓseis [3. 141; 4. 122]) and arrhal contracts connected with παράδοσις ( parádosis), bebaiosis signifies the undertaking by the previous owner to the new owner not to interfere with the latter's acquired right of possession (in the papyri: μὴ ἐπελεύσεσθαι, mḕ epeleúsesthai), and to defend that right against third parties [1. 357, 360, 444]. In the event that t…

Despoteia

(167 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Δεσποτεία; Despoteía). In Greek ‘rule’ (from δεσπότης, despótēs, lord) did not initially have a specific legal meaning. The expression referred to the relationship in which the lord ruled over his slaves based on tradition (Aristot. Pol. 1253b) or in the political sense to despotism (Pl. Leg. 698a). Despoteia first appeared in Ptolemaic papyrus documents as the power of disposal possessed by the owner (BGU 1187,32, 1st cent. BC), together with the term kyrieía already used in the Greek city states. It was only in Roman Egypt that despoteia became a permanent compon…

Eisangelia

(221 words)

Author(s): Thür, Gerhard (Graz)
[German version] (εἰσαγγελία; eisangelía). In Athens, eisangelia, in the technical sense, refers to a type of public complaint in criminal matters from Solon's times (Aristot. Ath. Pol. 8,4.). Eisangelia designates the statement of claim (Lycurg. 34,137) as well as the proceedings it institutes. The charges were submitted in writing and argued in detail. The proceedings went through a series of changes over the course of time. Originally, they were designed for criminal acts not covered by the laws. Later, the criminal act…

Epidikasia

(203 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐπιδικασία; epidikasía). In Athens, the legitimate natural sons of the testator or those adopted during his lifetime (  eispoíēsis ) could claim their inheritance through the simple act of   embateúein , but outside heirs needed an epidikasia decree from the archon to do so ( Archontes [I]). This arrangement, similar to the granting of the Roman   bonorum possessio , authorised the applicant to come into the inheritance, but did not exclude the possibility of a later court decision regarding the right of succession of another pretender (  diadikasía ). Similarly, the   e…

Chresis

(76 words)

Author(s): Thür, Gerhard (Graz)
[German version] (xρῆσις; chrêsis). Literally ‘make use (of)’, but also ‘place (something) at (somebody's) disposal’, embracing the modern senses of loan (the meaning ‘oracle’ can be disregarded here). For loan transactions, already in Athens chresis alternates with the narrower, technical term   dáneion (Dem. Or. 49,6; 7; 17; 21; 44; 48). Chresis Thür, Gerhard (Graz) Bibliography H.-A. Rupprecht, Unt. zum Darlehen im Recht der graeco-ägypt. Papyri der Ptolemäerzeit 1967, 6ff. Id., Einführung in die Papyruskunde, 1994, 118.

Emporikoi nomoi

(85 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐμπορικοὶ νόμοι; emporikoì nómoi). The Athenian laws on maritime trade, grouped systematically on the basis of their subject matter (not, as was customary, according to the jurisdiction of individual authorities) (Dem. Or. 35,3); in particular, they probably laid down strict provisions for the protection of the city's grain supplies. They covered aIso speedy judicial process ( Emporikai dikai) and the avoidance of frivolous complaints against traders and shipowners (Dem. Or. 58,10f.). Thür, Gerhard (Graz) Bibliography E. E. Cohen, Ancient Athenian Marit…

Moicheia

(330 words)

Author(s): Thür, Gerhard (Graz)
[German version] (μοιχεία; moicheía). In Greek law, clandestine sexual intercourse with a free, respectable woman against the will of her kýrios (II.). It was therefore not only a matter of “adultery” but of wounding of the family honour; the closest male relative of an unmarried woman was also insulted. Only the head of the household ( oíkos ) was meant to decide on a woman's sexual matters, family relationships and descendants. If a man invaded this relationship, he fell victim to private revenge. If he was caught in the act, (Lys. 1,30; 13,66), the kýrios or his closest male relative…

Hetaireseos graphe

(109 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἑταιρήσεως γραφή; hetairḗseōs graphḗ). In Athens, popular charge to be brought before the  Thesmothetai against men who held a public office or appeared before the council or the public assembly as orators, in spite of their willingness to engage in homosexual intercourse for money (Aristoph. Plut. 153; Dem. Or. 22,23.29; Aeschin. 1,19f.; 1,29; 1,51; 1,72; 1,87). The law (Dem. Or. 22,21) allots capital punishment and is also directed against a father or guardian who has prostituted his son or ward. Non-citizens were not subject to this rule.  Prostitution Thür, Gerh…

One en pistei

(293 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὠνὴ ἐν πίστει/ ōnḕ en pístei, literally 'purchase on trust') in Graeco-Egyptian law describes a real security corresponding to 'assignment by way of security' (beside enéchyron, pawning, hypothḗkē and hypállagma ). In papyri, OEP dogmatically corresponds to ancient Greek prā́sis epì lýsei . The seller (= loantaker) sells to the buyer (= loangiver) a thing at a price which corresponds to the size of the debt. The object purchased serves as security for the debt, on the payment of which, ownership ( kyrieía, see Kýrios II.) reverts to the seller. This is the conse…

Atimia

(192 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀτιμία; atimía). Dishonour in the sense of abrogation of rights of citizenship; it had to be declared in court in order to have legal effect. Atimia may be the set punishment for certain types of offence (desertion, corruption of officials, a third instance of bearing false witness, abuse of parents et al.), or declared in the course of   dokimasía (personal examination) prior to the appointment of officials, when ἐπιτιμία ( epitimía, citizenship) is examined. Epitimia may be annulled in the case of mental illness, profligacy or prostitution. Infringeme…

Mnemones

(264 words)

Author(s): Thür, Gerhard (Graz)
[German version] (μνήμονες/ mnḗmones). Literally ‘memorizers’; the term goes back to the pre-literary era (from c. 700 BC) and refers to the keeper of the archive of a Greek polis, usually called γραφεύς/ grapheús, ‘writer’. (In a sacral context Aristot. Pol. 1321 b 34 lists hieromnḗmones as well). The term κατάκοοι/ katákooi, ‘‘listener’’ [2. 218], goes back to the pre-literary era as well, whereas the term ποινικαστάς/ poinikastás, ‘‘someone who knows the Phoenician letters’’ [1. 180 f.], attests to a nascent literacy. Since the 5th and 4th cents. BC, mnḗmones have been docu…

Time

(218 words)

Author(s): Thür, Gerhard (Graz)
[German version] (τιμή/ timḗ, literally 'honour', 'esteem'), is used in Attic law in two aspects. (1) In the Archaic period a killer could stave off the victim's relatives' right of revenge by paying weregeld ( time, fine) in accordance with an agreement of conciliation ( Aídesis ). However, somebody killed lawfully, in self-defence or retribution for an unlawful act, or for breaching a ban, would remain 'unavenged' (ἄτιμος/ átimos), and their relatives could not claim a time [3. 101; 2. 99]. In later atimía , deprivation of civic rights, the idea of payin…

Legal pluralism

(394 words)

Author(s): Thür, Gerhard (Graz)
[German version] After the conquest of Egypt by Alexander [4] the Great (331 BC), the native population continued to live with its traditional legal concepts as they are preserved in documents ( Demotic law) and perhaps laws ( Codex Hermopolis). The elite of Ptolemaic Egypt, which originated from Greek mercenaries and immigrants, regulated its private affairs according to its own concepts that had merged into a legal koine. Only the Greek towns of Naucratis, Alexandria [1] and Ptolemais [3] ha…

Prytaneia

(170 words)

Author(s): Thür, Gerhard (Graz)
[German version] (πρυτανεῖα/ p rytaneîa). At Athens (also at Miletus and Ilium), the court fees to be paid in advance by both parties to an action, but which the loser then forfeited to the winning party, were called prytaneîa. Prytaneîa were to be paid in most private cases (however, in inheritance cases, the parakatabolḗ was prescribed); in public cases, generally the παράστασις ( parástasis). The prytaneîa ran 3 drachmai for a contested value between 100 and 1,000 drachmai, 30 drachmai above that threshold, with no prytaneîa paid below the 100 drachmai threshold. It is uncertain wh…

Prostiman

(91 words)

Author(s): Thür, Gerhard (Graz)
[German version] (προστιμᾶν/ prostimân), 'additional penalty' available to the plaintiff. In Athens in cases of theft (Klope) courts had the option of imposing loss of honour in addition to a fine. The thief would be locked in the stocks for five days and nights and placed in the pillory (Lys. 10,15; Dem. Or. 24,114 and 146). Presumably prostimân happened in a third vote, after the jurors had voted on guilt and the fine. Thür, Gerhard (Graz) Bibliography A.R.W. Harrison, The Law of Athens, vol. 2, 1971, 177  D. Cohen, Theft in Athenian Law, 1983, 62.

Datetae

(140 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Δατηταί; Datētaí). ‘Dividers’, i.e. private arbiters in Athens, chosen by the parties, who presided over disputes amongst joint heirs. The procedure was initiated by private litigation for a division into shares, δίκη εἰς δατητῶν αἵρεσιν (Aristot. Ath.Pol. 56,6), against a joint heir who objected to a compromise. Usually, the archon was responsible for accepting the litigation while the Polemarch was responsible in exceptional cases if the litigation was directed against a metic (…

Eispraxis

(45 words)

Author(s): Thür, Gerhard (Graz)
[German version] (εἴσπραξις; eíspraxis). ‘Collection’ in the largest sense; in Athens, for instance, it was the collection of tribute payments for the naval alliance (IG II2 1273, 24), in Egypt that of all taxes, but also of private debts ( Praxis). Thür, Gerhard (Graz)

Eisagogeus

(138 words)

Author(s): Thür, Gerhard (Graz)
[German version] (εἰσαγωγεύς; eisagōgeús). Every office holder who was entitled to preside over a court in Athens ( Archontes) was responsible for introducing (εἰσάγειν , eiságein) his subjudice cases into a law court (  dikastḗrion ) and, concerning this act, was also referred to as eisagogeus. In a narrower, technical sense, the eisagogeus was part of a five-member collegium which was entitled to preside over certain urgent legal affairs (Aristot. Ath. Pol. 52,2). In Ptolemaic Egypt, the eisagogeus was a permanent official of Greek nationality and nominated by the kin…

Praxis

(262 words)

Author(s): Thür, Gerhard (Graz)
(πρᾶξις; prâxis). [German version] [1] Execution of a court decision Legal term for the execution of a monetary decision in a Greek private lawsuit ( d íkē [2]), which in Athens was the affair of the successful creditor and was termed prâxis generally (And. 1,88) and also in the text of contract documents (Demosth. Or. 35,12). The usual word for 'execution' was εἰσπράττειν ( eispráttein) (Demosth. Or. 47,33; 47,37; 47,41; 57,63; 57,64). Prâxis was not allowed against the person of the debtor, but merely permitted the seizure of items of his property ( enechyrasía ). For prâxis in the Secon…

Parakletos

(156 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παράκλητος/ paráklētos, literally 'one who has been called in support'). In Athens, litigants fundamentally had to present their own case, mostly supported by related persons, who took up the word in front of the courts in support ( sýndikos , synḗgoros ). A practice developed (Xen. Mem. 4,4; Pl. Ap. 34c; Pl. Leg. 934e), whereby the accused, who in the epilogue to his defence oration made an appeal for acquittal to the jury, 'called out' his wife, parents, children, relations or influential friends, i…

Prosklesis

(120 words)

Author(s): Thür, Gerhard (Graz)
[German version] (πρόσκλησις; prósklēsis), the summons, the 'call to court'. At Athens, it took place by a private action, with the plaintiff informing the respondent of the claim ( énklēma ) and the date on which he was to present himself before the magistrate of the court. The prosklesis had to be made before one or two witnesses to the summons ( klētḗr ), whose confirmation of the proper prosklesis was required as a condition for a default judgment in the event of the respondent's non-attendance, and who were liable to pseudoklēteías graphḗ ('action for making a f…

Proix

(734 words)

Author(s): Thür, Gerhard (Graz)
[German version] (προίξ; proíx). Etymologically 'gift bestowed with an open hand' (in the epics known only in the genitive in the sense of 'free'), in the agnatic family order of Greek poleis proíx denotes the 'dowry' (in contrast to the phernḗ of small families in Hellenistic-Roman Egypt). It is not before the 3rd cent. AD (precursor FIRA I2 58,25; AD 68) that proíx occurs as a translation of the Roman dos . The legal structure of the proíx is best known from Athens (on the Hellenistic inscriptions from Myconos, Tenos, Amorgos, Naxos and Syros cf. [6. 135-137, 149 f.])…

Misthosis

(1,611 words)

Author(s): Thür, Gerhard (Graz)
(μίσθωσις; misthōsis). [German version] A. General Similar to the Roman locatio conductio , the Greek misthosis comprises a series of remunerated transactions in which one person transfers things (or a person) to another person for use, so that a particular outcome is achieved, or commits themselves to providing labour or a service. The current (Romanist) classification of these transactions into rent/lease, work and service agreements is too coarse for misthosis because Greek contract practice developed suitable special regulations depending on the specific facts…

Exoules dike

(127 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐξούλης δίκη). In Athens, a charge of ‘expulsion’ was a criminal charge. It was available to privileged claimants (e.g. the successful creditor in a lawsuit) against debtors who resisted, by formally expelling the creditor, the justified seizure of property by the creditor's formalized use of force. The expelled party could raise the charge of e.d.; if he could justify his action, the expeller was sentenced to a fine of double the value of the land. It was divided between the claimant and the state, in accordance with a law of  Solon's. Thür, Gerhard (Graz) Bibliography E.…

Dosis

(150 words)

Author(s): Thür, Gerhard (Graz)
[German version] The noun is derived from διδόναι ( didónai) ‘to give’ and like the verb has no specific legal meaning. The legal institutions gift and endowment are quite inadequately covered by the term dosis : the Attic orators use διδόναι ( didónai) and διατιθέναι ( diatithénai;  Diatheke) alternately when they justify testamentary gifts of money from Solon's law. In the large law inscription of Gortyn, didónai means ‘to bestow’ (col. IX 15-30, with legal limitations). When setting up an endowment, ‘giving’ naturally plays an important role, but it depends…

Paranomon graphe

(326 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παρανόμων γραφή; paranómōn graphḗ). 'Action for improper legislation'. It was presumably only after the time of Pericles that there was introduced in Athens a public action ( graphḗ [1]) that could be raised within a year by a citizen without prior convictions against anybody who had proposed in the Assembly ( ekklēsía ) a resolution that contravened procedural prescriptions or an existing law. The thesmothetairchontes I.) had jurisdiction, and the dikastḗrion (on one occasion even packed with 6,000 jurors, Andoc. 1,17; 415 BC…

Parapherna

(500 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παράφερνα; parápherna), literally 'items of property given alongside the dowry (‘ phernḗ ’)', in the Graeco-Roman world signified a variety of legal institutions, in all cases separate property belonging to the wife. In the laws of the Greek poleis women were fundamentally capable of owning property, however, they were often limited in their capacity to enter business transactions. Their goods were inherited in a different way than those of men ([8. 26-130; 5. 64-70], see IPArk No. 5, ll. 4f.: πατρῶια/ματρῶια, patrôia/ matrôia, paternal/maternal property) s…

Koinonia

(109 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κοινωνία; koinōnía) is the general Greek term for any type of human community such as a state, association, commercial company, or community of heirs or joint owners. Regarding associations, a law by Solon is transmitted in Dig. 47,22,4, Gaius 4 ad legem XII tab. (= Solon fr. 76a Ruschenbusch), while societies and communities are mentioned only occasionally in the Attic sources. In the papyri, koinonia refers to the Roman societas as well as to communio. Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law of Athens I, 1968, 240-242 A. Biscardi, Diritto greco a…

Parakatabole

(153 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παρακαταβολή; parakatabolḗ). Literally the payment of a sum of money ( parábolon ), it was used in Athenian law to denote a number of payments which the parties had to make at the start of a lawsuit ( prytaneía ). Especially in in lawsuits about inheritance and in those concerning confiscated goods, the pursuer had to deposit one tenth, sometimes one fifth of the value of the dispute, which was forfeited to the State, sometimes to the successful litigant (disputed) if he lost the case. The purpose of this was similar to the epōbelía that had to be paid…

Parapresbeias graphe

(122 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παραπρεσβείας γραφή; parapresbeías graphḗ). Public action ( graphḗ ) against envoys (s. presbeía ) who had foresaken their duties. Many examples from Athens are known; the PG of Demosthenes [2] (Demosth. Or. 19) against Aeschines [2] (Aeschin. Or. 2) is famous. Punishable offences included, for example, transgression of official capacity, false reporting, unauthorised actions, receiving foreign envoys against the wishes of the council and the people, or the receiving of gifts ( dṓrōn graphḗ ). The accuser could also raise a claim of eisangelía . The eúthynoi ( eúthy…

Synomosia

(73 words)

Author(s): Thür, Gerhard (Graz)
[German version] (συνωμοσία; synōmosía). Legally barely definable 'oath community', which occurs throughout Greek areas among private individuals, in cult, the army, politics and judiciary ( Hetairía [2]), and also in inter-state relations; used in the Roman period as a translate factio or coniuratio (FIRA I2 Nr. 68, Z. 7, first Cyrene edict on praevaricatio ). Thür, Gerhard (Graz) Bibliography E. Seidl, s. v. S., RE 4 A, 1445-1450  L. Rubinstein, Litigation and Cooperation, 2000, 204-208.

Kratesis

(137 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κράτησις; krátēsis) denotes in Greek civil law the actual power over an object, allowing physical access to it, comparable to ownership, but not understood technically in the sense of the Roman p ossessio (the Greeks knew neither possession by prescription ( usucapio ) nor a special ownership protection by interdictum ). Kratesis was exercised, for example, by the creditor on the mortgaged object, even if this had remained with the debtor, and likewise by the tenant on a leased property. A person having the kratesis on an object was not allowed to dispose of it,…

Daneion

(318 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δάνειον; dáneion). The  loan, limited assignment of fungible goods (in kind or money) was an everyday way of doing business throughout the regions inhabited by the Greeks. It took place between private individuals as well as in public life. The lenders were often banks or temples and the borrowers often states, which often also owed debts to private individuals (e.g. IG VII 3172: Orchomenus is indebted to Nicareta). This practise was generally known as daneion, but sometimes   chrḗsis was used; the   eranos loan is a special type. The daneion was set up with a fixed r…

Chrematistai

(100 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Χρηματισταί; Chrēmatistaí). In the Egypt of the Ptolemies, judges delegated by the king to try fiscal and civil cases for all sectors of the population. They were probably introduced in the 2nd cent. BC. The courts had jurisdiction over an individual nome, or several in combination. In the provinces the chrematistai courts lapsed during the early part of the Roman Empire; in Alexandria they are attested into the 3rd cent. AD, with a somewhat modified range of functions. Thür, Gerhard (Graz) Bibliography H. J. Wolff, Das Justizwesen der Ptolemäer, 21970 H. A. Rupprech…

Diomosia

(281 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Διωμοσία; Diōmosía). At least from the time of Dracon (before 600 BC) Athenians of both parties and their helpers (witnesses) were obliged to swear a solemn oath, the diomosia, to the archon basileus during the official preliminary hearings ( prodikasíai) for murder trials. The prosecutor swore (while calling upon the goddesses of revenge and other deities) to his right of prosecution at the risk of his own person, lineage, and house, and to the fact that the defendant really had committed the crime (Antiph. 6,16; Dem…

Adikema

(68 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀδίκημα; adíkēma). Non-technical term for an illegal act committed intentionally on a private person (Aristot. Eth. Nic. 1135 b 20 f.; Rhet. 1374 b 8); if adikema was associated with damage to property, it led to a   blabes dike . Sometimes the unlawfully gained property is also referred to as adikema (Pl. Leg. 906d). In the papyri: marital misconduct, violent affront, peculation. Thür, Gerhard (Graz)

Arrha, Arrhabon

(468 words)

Author(s): Thür, Gerhard (Graz)
[German version] A security, especially in relation to purchases. On the model of ancient oriental laws (cf. Gn 38,17), the Greek ἀρραβών ( arrhabṓn) represents a requirement to establish liability. The usual token of personal liability was a ring. Its symbolic meaning was soon accompanied by a financial function: breach of contract on the part of the giver of the arrha/arrhabon resulted in the latter's being retained by the recipient (the security functions as a forfeit); breach of contract on the part of the recipient rendered him liable to return the arrha/arrhabon or usually a mul…

Apokeryxis

(144 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀποκήρυξις; apokḗryxis). In Athens legal right of inheritance of the legitimate sons was compulsory. Disinheritance was not possible. The father could, though, renounce a son during his lifetime by apokeryxis and in this way exclude him from the inheritance (Demosth. 39,39; Aristot. eth. Nic. 1163b; see also Pl. Leg. 928d-929d). A similar provision is found in the law code of Gortyn IC IV 72 col. XI 10-17. Parallel manifestations in ancient oriental legal sources (Cod. Hammurabi 168 f.; 191) cannot be taken as models. Diocletian forbids apokeryxis (Cod. Iust. 8,4…

Pharmakeia

(166 words)

Author(s): Thür, Gerhard (Graz)
[German version] (φαρμακεία; pharmakeía). The giving of a medical drug, magic potion or poison ( phármakon). In Athens, if someone personally administrated it and this resulted in a citizen's death, a δίκη φόνου ( díkē phónou, 'murder charge'; phónos ) could be brought , which was decided by the Áreios págos (Dem. Or. 23; or. 24; Aristot. Ath. Pol. 57,3). In the case of premeditated killing, the punishment was death, otherwise exile. Plato differentiates between the pharmakeia of doctors and sorcerers on the one hand and that of laymen on the other (Pl. Leg. 932e-933e).…

Syndikos

(489 words)

Author(s): Thür, Gerhard (Graz)
[German version] (σύνδικος; sýndìkos), literally 'co-litigant'. A person who appears in court conjointly with another. In Athens, the synḗgoros who intervened on behalf of a private person was often referred to as syndikos as well [5. 43-45]. Both groups were the targets of schadenzauber ('harmful magic' or binding spells; defixio ) [5. 65]. S ýndikoi (always five in Athens) became necessary when alliances of people such as a polis, demos or cultic community acted in court. The public assembly ( ekklēsía) elected five syndikoi at a time to defend the validity of a law in a paranómōn grap…

Argias graphe

(71 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀργίας γραφή; argías graphḗ). After Draco (before 600 BC), probably to preserve households with considerable land property, had issued a law against idleness and had threatened it with   atimia , Solon (594/3 BC) made the action into a public one, reduced the punishment to a fine and implemented atimia only on the third conviction. Thür, Gerhard (Graz) Bibliography E. Ruschenbusch, Unt. zur Gesch. des athenischen Strafrechts, 1968, 50 f.

Diamartyria

(282 words)

Author(s): Thür, Gerhard (Graz)
[German version] (διαμαρτυρία; diamartyría). A ‘testimonial decision’, an archaic procedure different from normal witness evidence: based on the testimony of one or more witnesses, it was an act with formal determining powers, which in Athens was predominantly admissible in administrative proceedings in respect of inheritance. Such proceedings were initiated by someone with a claim to the estate who was not one of the direct heirs. He would apply for the assignment of the estate (  epidikasía ). A direct heir would then appear as respondent, and suppl…

Graphe

(291 words)

Author(s): Thür, Gerhard (Graz)
(γραφή; graphḗ). [German version] [1] Statement of complaint Literally ‘script’, in adjective law in Greek poleis graphe generally had the meaning ‘statement of claim’ (Dem. Or. 45; 46; cf. also IPArk 17; 114/5; 178 from Stymphalus and SEG 27, 545, 27 and 33 from Samos). Especially in Athens graphe was used in the actual sense of ‘complaint document’ that each blameless citizen (ὁ βουλόμενος, ‘each person who wishes’) could lodge against persons who harmed certain public interests, whilst a party whose rights had been infringed in a private sense could defend himself with   díkē [2]. Thi…

Oath

(846 words)

Author(s): Neumann, Hans (Berlin) | Thür, Gerhard (Graz)
[German version] I. Ancient Orient Since the second half of the 3rd millennium BC [1. 63-98; 2. 345-365], a distinction was made in Mesopotamia between promissory (assuring) oaths in contract law and assertory (confirming) oaths taking effect in lawsuits. A promissory oath served as an absolute assurance of a renunciation or intended action and was performed by invoking the king or a god, or both. An assertory oath had probative force as an oath for witnesses or parties, e.g. an oath of purification …

Gnome

(3,863 words)

Author(s): Gärtner, Hans Armin (Heidelberg) | Thür, Gerhard (Graz)
[1] Literary history I. Greek [German version] A. Meaning of the word As a nomen actionis the noun γνώμη (not found in Homer or Hesiod), with its originally extraordinary comprehensive range of meaning must be considered together with the verb γιγνώσκω ( gignṓskō) [11; 37. 491; 27. 32 (also with regard to etymology)]. The verb with its meanings ‘to recognize’, ‘to form an opinion’, ‘to decide’ and ‘to judge’ falls between two poles: ‘the ability to recognize a state of affairs’ and ‘the consequences of this recognition’ [40. 20-39, esp.…

Epitropos

(765 words)

Author(s): Rathbone, Dominic (London) | Thür, Gerhard (Graz)
(ἐπίτροπος; epítropos). [German version] [1] Alongside a great number of other titles, this was the term generally used for a steward who supervised the management of an estate on behalf of the (generally absent) owner. The duties of an epitropos as well as the degree of independence in decision-making varied from case to case, but, as a rule, it was his duty to supervise the workforce, to purchase supplies required for the estate, to sell surplus agricultural produce, and to be accountable to the estate owner. For that reason, he ha…

Blood feud

(326 words)

Author(s): Thür, Gerhard (Graz) | Schiemann, Gottfried (Tübingen)
[German version] A. Greek law According to the oldest Greek traditions, the relative of someone who had been killed had a religious duty to obtain revenge with the blood of the killer. As the polis grew stronger, in Athens at any rate from the time of  Dracon (7th cent. BC), the relatives were limited to judicial pursuit of the killer through a δίκη φόνου ( díkē phónou: action for homicide). Even in the Classical Period this remained a private action. In Dracon's time the blood feud (BF) could be brought to an end by payment of monetary compensation (ποινή, poinḗ: wergeld) if those seeking re…

Gortyn

(1,324 words)

Author(s): Sonnabend, Holger (Stuttgart) | Thür, Gerhard (Graz)
This item can be found on the following maps: Theatre | Christianity | Dark Ages | Grain Trade, Grain Import | Hellenistic states | Hellenistic states | Crete | Apollo | Limes | Macedonia, Macedones | Pompeius | Rome | Rome | Education / Culture [German version] I. Location One of the biggest and most important cities of Crete, in the Mesara plain on the river Lethaeus, between the villages of Agi Deka and Mitropolis, 16 km (Str. 10,4,7: 90 stadia) from the Libyan Sea, also transmitted as Gortyna and Gortyne. Sonnabend, Holger (Stuttgart) [German version] II. Historical development The earli…

Hybris

(516 words)

Author(s): Heinze, Theodor (Geneva) | Thür, Gerhard (Graz)
(ὕβρις; hýbris). Ethical term for a behaviour that is deliberately dishonouring, including humiliating bodily infringements such as rape (authoritative definition: Aristotle Rh. 1378 b; Latin superbia). Etymologically, hybris is probably derived from Hittite huwap-: ‘to abuse’, the noun being * huwappar > * huppar [1]. Positive opposites:   aidṓs ,   díkē ,   eunomía ,   sōphrosýnē . [German version] I. General In early Greek literature, hybris appears within the much varied terminological chain of ólbos - kóros - hýbris - átē (‘wealth’ - ‘fullness’ - ‘arrogance’ - ‘ruin’; e.…

Agraphiou graphe

(157 words)

Author(s): Thür, Gerhard (Graz) | Mannzmann, Anneliese (Münster)
[German version] (ἀγραφίου γραφή; agraphíou graphḗ). In Athens a written charge of ‘not writing down’ by a debtor (and therefore annulment of his debt), counted by Aristotle (Ath. Pol. 59,3) as one of the public actions which came into the area of competence of the thesmothetai. According to Demosthenes (58,51) these are state debtors who had carried out deletion of their names from the publicly drawn-up list, even though the debt had not been paid (Harpocration, dependent on Demosthenes, who also quotes Lycurgus and Pytheas as sources, al…

Oikos

(1,354 words)

Author(s): Thür, Gerhard (Graz) | Osborne, Robin (Oxford)
[German version] (οἶκος/ oîkos; “house, household”). The Greek terms oîkos and oikía (οἰκία) were often used synonymously; however, in Attic Greek, oîkos was generally no longer used to denote the house as a building, but for the household, while oikía as a rule meant the building. The work oîkos encompassed the entire possessions of the household as well as the family (although in Athenian law the term seems never to have been applied to the family). In Aristotle, the oîkos to which the married couple, their children and slaves belonged became the most important element o…
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